What This Bill Does
This bill creates new rules for operating unmanned aircraft systems, which are also called drones (remote-controlled aircraft without a pilot on board). The bill specifically sets up a process for companies to operate drones beyond the visual line of sight, meaning farther away than a pilot can see with their eyes. It also establishes a new office within the Federal Aviation Administration to manage drone integration into American airspace.
Who It Affects
Drone manufacturers and companies that want to use drones commercially. The Federal Aviation Administration, which regulates aviation. Pilot certification bodies. Communities where drones may operate. Congress through reporting requirements.
Key Provisions
• The Federal Aviation Administration must create a plan within six months for how companies can get approval to fly drones beyond visual line of sight, and must issue final rules within two years (Sec. 2(a) and 2(c)).
• Final rules must establish how to measure risks from drone operations, set training standards for remote pilots, create an approval process for small drones that does not require traditional aircraft certification, and set operating rules for different types of drones (Sec. 2(c)(2)).
• A new office called the Office of Associate Administrator of UAS Integration shall be established within the Federal Aviation Administration to oversee drone safety, support the drone industry, and approve drone certifications (Sec. 3).
• A UAS Certification Unit must be created with employees from different parts of the Federal Aviation Administration to review and accept drone standards and guide the certification process (Sec. 4).
• The bill extends a program allowing drone testing at designated test ranges through September 30, 2028, and authorizes those test ranges to use computer modeling and simulation tools in testing (Sec. 5).
What Changes
The Federal Aviation Administration gains new responsibilities to create specific rules for commercial drone operations beyond visual line of sight within two years. A new office and certification unit are created inside the Federal Aviation Administration to manage this process. The deadline for a drone test program extension moves from September 30, 2023 to September 30, 2028.
The Federal Aviation Administration gains authority to issue exemptions (temporary exceptions to rules) for low-risk drone operations and extended visual line of sight operations without following normal rulemaking procedures. These exemptions continue in effect until the new drone rules take effect. Previously issued exemptions remain valid for up to three years after their original expiration date.
Important Definitions
Beyond Visual Line of Sight (BVLOS) means operating a drone farther than a pilot can see it with their naked eyes, even with glasses or contact lenses (Sec. 3(5)(A)).
Unmanned Aircraft System (UAS) means a drone system, as defined in existing aviation law (Sec. 3(5)(B)).
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 307
To amend title 49, United States Code, to establish certain rules relating
to unmanned aircraft systems and operations, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. WARNER (for himself and Mr. THUNE) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
To amend title 49, United States Code, to establish certain
rules relating to unmanned aircraft systems and oper-
ations, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Increasing Competi-
4
tiveness for American Drones Act of 2023’’.
5
SEC. 2. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR
6
UNMANNED AIRCRAFT SYSTEMS.
7
Chapter 448 of title 49, United States Code, is
8
amended by adding at the end the following:
9
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‘‘SEC. 44811. BEYOND VISUAL LINE OF SIGHT OPERATIONS
1
FOR UNMANNED AIRCRAFT SYSTEMS.
2
‘‘(a) IN GENERAL.—Not later than 6 months after
3
the date of enactment of this section, the Administrator
4
of the Federal Aviation Administration (in this section re-
5
ferred to as the ‘Administrator’) shall issue a notice of
6
proposed rulemaking establishing a regulatory pathway
7
for certification or approval of unmanned aircraft systems
8
to enable commercial beyond visual line of sight (in this
9
section referred to as ‘BVLOS’) operations.
10
‘‘(b) CONSULTATION.—
11
‘‘(1) IN GENERAL.—Subject to paragraph (2),
12
in promulgating the rule under subsection (a), the
13
Administrator shall implement the final report and
14
recommendations of the Beyond Visual Line of Sight
15
Aviation Rulemaking Committee which were sub-
16
mitted to the Administrator on March 10, 2022.
17
‘‘(2) EXCEPTION.—If the Administrator deter-
18
mines not to implement 1 or more of the rec-
19
ommendations described in paragraph (1), the Ad-
20
ministrator shall provide to the appropriate commit-
21
tees of Congress a statement of explanation for such
22
determination.
23
‘‘(c) FINAL RULE.—
24
‘‘(1) IN
GENERAL.—Not later than 2 years
25
after the date of enactment of this section, the Ad-
26
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ministrator shall issue a final rule establishing a reg-
1
ulatory pathway for certification or approval of un-
2
manned aircraft systems to enable commercial
3
BVLOS operations.
4
‘‘(2) REQUIREMENTS.—The final rule described
5
in paragraph (1) shall, at a minimum, do the fol-
6
lowing:
7
‘‘(A) Establish an applicable risk assess-
8
ment methodology for the authorization of
9
BVLOS unmanned aircraft system operations
10
that includes quantified measures of accept-
11
ability which sufficiently account for the total
12
air and ground risks associated with such oper-
13
ations and the means for mitigating such risks,
14
taking into account an aircraft’s size, weight,
15
speed, kinetic energy, operational capability,
16
proximity to airports and populated areas, oper-
17
ation over people, and operation beyond the vis-
18
ual line of sight, or operation during the day or
19
night, including consideration of unmanned air-
20
craft using an approved or accepted detect and
21
avoid system appropriate for the class and type
22
of airspace in which the operation is being con-
23
ducted.
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‘‘(B) Establish remote pilot certification
1
standards for remote pilots for BVLOS oper-
2
ations, taking into account varying levels of
3
automated control and management of un-
4
manned aircraft system flights.
5
‘‘(C) Establish an airworthiness process for
6
small unmanned aircraft systems that requires
7
a manufacturer’s declaration of compliance to a
8
Federal
Aviation
Administration
accepted
9
means of compliance, which shall not require
10
type or production certification or the issuance
11
of a special airworthiness certificate.
12
‘‘(D) Establish a special airworthiness cer-
13
tificate to be issued upon a manufacturer’s dec-
14
laration of compliance to a Federal Aviation
15
Administration accepted means of compliance,
16
which—
17
‘‘(i) shall not require type or produc-
18
tion certification;
19
‘‘(ii) shall, at least, govern airworthi-
20
ness of any unmanned aircraft system
21
that—
22
‘‘(I) is not—
23
‘‘(aa) a small unmanned air-
24
craft system; and
25
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‘‘(bb) appropriate for the
1
process described in subpara-
2
graph (C), as determined by the
3
Administrator;
4
‘‘(II) has a maximum gross
5
weight of not more than 1,320 lbs;
6
and
7
‘‘(III) has a maximum speed of
8
100 miles per hour; and
9
‘‘(iii) may require unmanned aircraft
10
systems subject to the certificate to oper-
11
ate in the national airspace system at alti-
12
tudes below at least—
13
‘‘(I) 400 feet above ground level;
14
or
15
‘‘(II) with respect to an un-
16
manned aircraft system flown within a
17
400-foot radius of a structure, 400
18
feet above the structure’s immediate
19
uppermost limit.
20
‘‘(E) Amend the Code of Federal Regula-
21
tions to establish generally applicable standards
22
for the type certification of unmanned aircraft
23
systems that the Administrator determines pose
24
higher air or ground risks such that those un-
25
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manned aircraft systems are not appropriate
1
for approvals under the processes described in
2
subparagraph (C) or (D).
3
‘‘(F) Establish operating rules for—
4
‘‘(i) the operation of the unmanned
5
aircraft systems described in subparagraph
6
(C), (D), or (E); and
7
‘‘(ii) certain unmanned aircraft sys-
8
tems to enable lower-risk BVLOS oper-
9
ations without airworthiness requirements
10
in a manner consistent with the final re-
11
port and recommendations of the Beyond
12
Visual Line of Sight Aviation Rulemaking
13
Committee described in subsection (b)(1).
14
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in
15
this section shall prohibit the use of the manufac-
16
turer declarations of compliance required under
17
paragraph (2)(C) for other unmanned aircraft sys-
18
tems.’’.
19
SEC. 3. ESTABLISHMENT OF ASSOCIATE ADMINISTRATOR
20
OF UAS INTEGRATION.
21
Section 106 of title 49, United States Code, is
22
amended by adding at the end the following new sub-
23
section:
24
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‘‘(u) OFFICE OF THE ASSOCIATE ADMINISTRATOR OF
1
UAS INTEGRATION.—
2
‘‘(1) ESTABLISHMENT.—There is established in
3
the Federal Aviation Administration the Office of
4
Associate Administrator of UAS Integration (in this
5
subsection referred to as the ‘Office’).
6
‘‘(2) ASSOCIATE ADMINISTRATOR.—The Office
7
shall be headed by an Associate Administrator, who
8
shall—
9
‘‘(A) be appointed by the Administrator, in
10
consultation with the Secretary of Transpor-
11
tation; and
12
‘‘(B) report directly to the Administrator.
13
‘‘(3) PURPOSES.—The purposes of the Office
14
are to—
15
‘‘(A) ensure and oversee the safe integra-
16
tion of UASs into the national airspace system;
17
‘‘(B) encourage and facilitate a commer-
18
cially viable UAS industry and the leadership of
19
the United States in UAS;
20
‘‘(C) increase overall safety of the trans-
21
portation system on a mode-neutral basis;
22
‘‘(D) promote the global leadership of the
23
United States in advanced aviation; and
24
‘‘(E) manage the UAS Integration Office.
25
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‘‘(4) DUTIES.—The Associate Administrator
1
shall—
2
‘‘(A) conduct rulemaking proceedings with
3
respect to UASs;
4
‘‘(B) review submissions under the proc-
5
esses established in subparagraphs (C) through
6
(E) of section 44811(c)(2) and, as appropriate,
7
grant certifications and other operational ap-
8
provals;
9
‘‘(C) review, modify, accept, or approve in-
10
dustry-developed standards, means of compli-
11
ance, and declarations of compliance;
12
‘‘(D) consult and coordinate with subject
13
matter experts from all relevant lines of busi-
14
ness and staff offices in carrying out the duties
15
described in this paragraph in a timely and effi-
16
cient manner;
17
‘‘(E) hire full time equivalent employees,
18
as appropriate, to build expertise within the Of-
19
fice in assessing new technologies and novel risk
20
mitigations;
21
‘‘(F) manage the UAS Certification Unit
22
(as described in subsection (v)); and
23
‘‘(G) engage in any other activities deemed
24
necessary by the Associate Administrator to
25
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carry out the purposes described in paragraph
1
(3).
2
‘‘(5) DEFINITIONS.—In this subsection:
3
‘‘(A) BEYOND
VISUAL
LINE
OF
SIGHT;
4
BVLOS.—The terms ‘beyond visual line of sight’
5
or ‘BVLOS’ mean the operation of a UAS be-
6
yond the capability of the flightcrew members
7
to see the UAS with vision unaided by any de-
8
vice other than corrective lenses (such as spec-
9
tacles or contact lenses).
10
‘‘(B) UAS.—The term ‘UAS’ has the
11
meaning given the term ‘unmanned aircraft sys-
12
tem’ in section 44801.’’.
13
SEC. 4. ESTABLISHMENT OF UAS CERTIFICATION UNIT.
14
Section 106 of title 49, United States Code, as
15
amended by section 3, is amended by adding at the end
16
the following new subsection:
17
‘‘(v) UAS CERTIFICATION UNIT.—
18
‘‘(1) ESTABLISHMENT.—There is established in
19
the Office of Associate Administrator of UAS Inte-
20
gration (as established in subsection (u)) the UAS
21
Certification Unit (in this subsection referred to as
22
the ‘Unit’).
23
‘‘(2) MEMBERSHIP.—
24
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‘‘(A) EMPLOYEES.—The Unit shall include
1
not less than 1 employee from each relevant
2
line of business of the Federal Aviation Admin-
3
istration, including the UAS Integration Office,
4
the Aircraft Certification Service, the Flight
5
Standards Service, Air Traffic Control, the Of-
6
fice of Chief Counsel, the Office of Environment
7
and Energy, and any other office deemed ap-
8
propriate by the Associate Administrator.
9
‘‘(B) LEADERSHIP.—Out of the employees
10
described in subparagraph (A), the Associate
11
Administrator of the Office of Associate Admin-
12
istrator of UAS Integration may designate a di-
13
rector and steering committee to lead the Unit,
14
which shall consist of not less than 1 employee
15
from each line of business participating in the
16
Unit.
17
‘‘(3) DUTIES.—The Unit shall develop and im-
18
plement the unmanned aircraft system certification
19
or approval processes described in section 44811
20
by—
21
‘‘(A) reviewing and accepting industry-
22
based airworthiness standards and means of
23
compliance;
24
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‘‘(B) engaging with applicants on the cer-
1
tification or approval process;
2
‘‘(C) providing clear and consistent guid-
3
ance to industry standards organizations, in-
4
cluding setting either a target level of safety or
5
an acceptable level of risk;
6
‘‘(D) promptly responding to questions
7
from any person seeking an approval described
8
in subparagraphs (C) through (D) of section
9
44811(c)(2); and
10
‘‘(E) taking all necessary steps to move the
11
unmanned aircraft system certification and ac-
12
ceptance processes forward without avoidable
13
delay.
14
‘‘(4) UAS SPECIAL AIRWORTHINESS CERTIFI-
15
CATE
APPROVALS.—The Associate Administrator
16
shall have the authority to grant or deny an applica-
17
tion for any approval described in section 44811,
18
upon review of the recommendations of the Unit and
19
after consultation with the managers of the Aircraft
20
Certification Service and Flight Standards Service,
21
if either manager requests consultation.’’.
22
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SEC. 5. USE OF MODELING AND SIMULATION TOOLS IN UN-
1
MANNED AIRCRAFT TEST RANGES; PROGRAM
2
EXTENSION.
3
(a) USE OF MODELING AND SIMULATION TOOLS.—
4
Section 44803(b) of title 49, United States Code, is
5
amended—
6
(1) in paragraph (11), by striking the period at
7
the end and inserting ‘‘; and’’; and
8
(2) by adding at the end the following new
9
paragraph:
10
‘‘(12) use modeling and simulation tools to as-
11
sist in the testing, evaluation, verification, and vali-
12
dation of unmanned aircraft systems.’’.
13
(b) PROGRAM EXTENSION.—Section 44803(h) of title
14
49, United States Code, is amended by striking ‘‘Sep-
15
tember 30, 2023’’ and inserting ‘‘September 30, 2028’’.
16
SEC. 6. EXTENSION OF SPECIAL AUTHORITY FOR UN-
17
MANNED AIRCRAFT SYSTEMS.
18
(a) SENSE OF CONGRESS.—It is the sense of Con-
19
gress that—
20
(1) the lack of appropriate certification stand-
21
ards, rules, and processes set by the Federal Avia-
22
tion Administration for airworthiness determinations
23
and operational approvals of unmanned aircraft sys-
24
tems (as defined in section 44801 of title 49, United
25
States Code) puts the United States at a disadvan-
26
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tage in global competitiveness and delays the inte-
1
gration of promising new technology into commu-
2
nities in the United States;
3
(2) this lack of progress on a standardized air-
4
worthiness and operational approvals approach com-
5
pels the extension of authority to issue exemptions
6
under section 44807 of such title 49; and
7
(3) such section 44807—
8
(A) should continue to use a risk-based ap-
9
proach to authorize operations that d
[Text truncated for display. Full text available on Congress.gov.]